Scottish Parliament

Written Answers

Wednesday 30 June 1999

Scottish Executive

Abolition of Feudal System

Mike Watson (Glasgow Cathcart) (Lab): To ask the Scottish Executive whether it intends to make a statement on the Report of the Scottish Law Commission on the Abolition of the Feudal System.

Mr Jim Wallace: First, I would like to congratulate the Scottish Law Commission for an excellent Report, covering a very complex and difficult area of law reform. I believe that they have tackled it in a thorough and imaginative way. I wish to give a clear endorsement of the substance of the Commission’s recommendations and to make plain to Members that we intend to lay before Parliament, with only minor modification, the draft Bill which is attached to the Commission’s Report.

  In his statement on the Partnership’s legislative programme, the First Minister announced that we would be introducing early legislation to abolish the feudal system. That is a long-term commitment of both of our parties. The feudal system is outdated and archaic.

  The main provision of our proposed legislation will be the abolition of the feudal system and its replacement with a simple system of land ownership. Feudal superiorities will be abolished, and vassals will own their land outright. Any remaining feu duties will be abolished, but compensation can be payable.

  The Commission propose that the abolition of feudal superiorities should not take effect until a further Bill, which makes arrangements for all real burdens, including the saved feudal burdens, has been enacted. The Government agree that it is important that the arrangements for the abolition of superiors’ rights and for real burdens should be co-ordinated. We therefore intend to introduce a further Bill on real burdens after the Commission has produced its report on that subject.

  The Commission recognise that some feudal burdens are useful, and they recommend that these should be retained, and that they should be classified in four categories: common facilities burdens, neighbour burdens, maritime burdens and conservation burdens. We agree that the proposed categorisation of burdens is sensible. We believe, however, that there are difficult areas, both in relation to burdens which would be abolished and also in relation to the precise qualifications which are proposed to enable burdens to remain in force as neighbour burdens. These are areas which will no doubt be considered carefully by the Justice and Home Affairs Committee.

  The Commission have made a number of recommendations in relation to compensation. They recommend that compensation should be paid for remaining feu duties, and for the superior’s loss of certain real burdens which reserve development value of the land. They do not recommend that compensation should be paid for the loss of the superior’s right to charge vassals for waiving feudal conditions. The Government believes that this is a balanced package, and we are disposed to accept it. We will, however, be considering further whether there are any European Convention of Human Rights implications to what is proposed.

  The proposed legislation will also abolish some other archaic forms of land tenure and types of payment. It will not, however, abolish udal tenure, which is already non-feudal.

  Entails will be abolished, and the title of baron will be separated from the land. Many obsolete Acts and provisions will be repealed.

Drugs

Mary Scanlon (Highlands and Islands) (Con): To ask the Scottish Executive what plans it has to address the drugs problem in Scotland.

Angus MacKay: Tackling Scotland’s drugs problem is one of a number of priority areas the Scottish Executive has identified for cross-cutting action across departmental and other organisational boundaries. This broad based approach will embrace all the key areas including treatment, enforcement, rehabilitation, prevention and education as well as the links with the Executive’s wider programme of social reform. A Ministerial Group will ensure a co-ordinated approach on tackling drugs, with integrated policy and integrated policy delivery, focusing on results. Scottish Ministers are committed in principle to the concept of a drugs enforcement agency and discussions are underway with the police about what form it should take.

Environment

Mr Duncan Hamilton (Highlands and Islands) (SNP): To ask the Scottish Executive whether it will give a commitment to publish from 1 July the minutes of all future meetings of the National Goose Forum.

Sarah Boyack: No. Discussion in the National Goose Forum is confidential to the participants. I envisage however that the Forum's advice to Ministers will be made publicly available.

Environment

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to publish details after 1 July on how many applications for approval of landfill dumping sites it is currently processing and on the number of applications being processed by the Scottish Environmental Protection Agency and local authorities.

Sarah Boyack: Applications for planning permission for landfill sites are made in the first instance to local authorities, and for waste management licences to the Scottish Environment Protection Agency (SEPA). Details of such applications are held on public registers by the appropriate body but are not held centrally. SEPA publish summary numbers of licence applications and the outcome in their annual report.

  The Scottish Executive may process certain planning applications (such as those being considered following call-in or appeal) but there are no present plans to publish details of the number of applications being processed.

Environment

Linda Fabiani (Central Scotland) (SNP): To ask the Scottish Executive whether it intends to publish information after 1 July on what proportion of Scotland’s domestic waste is currently (a) recycled, (b) dumped in landfill sites, (c) incinerated without heat recovery; and, (d) incinerated with heat recovery.

Sarah Boyack: The information requested is being collected for 1997 and 1998 as part of a research project co-funded by The Scottish Office and the Scottish Environmental Protection Agency. Results from the project will be available in the Autumn to coincide with publication of the National Waste Strategy for Scotland. In the future, certain information on waste disposal and recovery will be collected annually by the Accounts Commission.

Environment

Euan Robson (Roxburgh and Berwickshire) (LD): To ask the Scottish Executive whether it intends to provide a framework for aggregates forecasting for Scotland and sub markets within Scotland, and targets for the use of secondary and/or recycled materials.

Sarah Boyack: Current guidance on aggregates planning is set out in National Planning Policy Guideline 4: Land for Mineral Working. There are currently no plans to introduce a forecasting framework for the production of aggregates. At present, planning authorities should provide for an adequate and steady supply of aggregates, with a landbank in permitted reserves equivalent to at least 10 years’ extraction at all times for an appropriate local market area. NPPG 4 also acknowledges that the use of secondary aggregate mineral and construction wastes is sound environmental practice and should be encouraged and facilitated wherever practicable. Research will be undertaken shortly to gather information on current recycling activity. This will inform consideration of the need for future targets.

Environment

Mr Murray Tosh (South of Scotland) (Con): To ask the Scottish Executive what proposals it has for implementing the Environment Protection Act 1990 in respect of contaminated land.

Sarah Boyack: Part IIA of the Environmental Protection Act 1990 requires the Scottish Executive to issue statutory guidance and enact secondary legislation. It also requires the Scottish Executive to consult the Scottish Environment Protection Agency and others before issuing that guidance.

  The Scottish Executive proposes to issue a draft of the guidance and the regulations for a wide consultation this summer, before the final drafts are put to the Scottish Parliament. This should enable it to bring the new contaminated land regime into force in Scotland by the end of 1999.

Europe

Mr Kenneth Gibson (Glasgow) (SNP): To ask the Scottish Executive what measures it intends to take to ensure that Glasgow and Strathclyde retain the funding it has enjoyed through Objective 2 status.

Mr Jack McConnell: Responsibility for agreeing a list of areas which the UK will propose for Objective 2 designation lies with the UK Government. The Secretary of State for Scotland is liasing closely with the First Minister about Scottish areas to be included in the list which it is hoped will be submitted to the European Commission for its consideration in July.

  The amount of funding for Objective 2 areas in the UK has not yet been notified by the European Commission to any Member State.

Food

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive whether it plans to allay public concerns about the safety of genetically modified foods by taking steps to require such foods to be clearly labelled.

Susan Deacon: Labelling requirements for GM foods are set in European legislation. The Scottish Executive are fully committed to a comprehensive labelling regime. We fully support the UK negotiations in Europe to extend labelling requirements to cover GM additives and flavourings.

Health

Mr Duncan Hamilton (Highlands and Islands) (SNP): To ask the Scottish Executive whether it will give a commitment to publish on a quarterly basis from 1 July the waiting times for those seeking a first out patient appointment, including a breakdown by specialist area.

Susan Deacon: Detailed information on waiting times for a first outpatient appointment, is published annually in Scottish Health Statistics and the NHS in Scotland Annual Report. Summary information is published in the NHS in Scotland Quarterly Bulletin.

  The Scottish Executive is committed to set and monitor targets to speed treatment and shorten waiting times. We plan to ensure that this commitment extends to outpatients as well as inpatient and day case treatment. There will be consultation on this issue before the targets are set. These targets will be closely monitored and will be published.

Health

Dr Winnie Ewing (Highlands and Islands) (SNP): To ask the Scottish Executive what steps it intends to take to limit the working hours of junior hospital doctors.

Susan Deacon: As part of the New Deal for Junior Doctors, we have agreed with the British Medical Association (BMA) a target of 56 hours per week for juniors. We have given a commitment to achieve full compliance with this 56 hour target, as a first step to reducing to 48 hours over time. We have announced joint plans with the BMA to establish an Implementation Support Group that will help Trusts’ to continue to improve working conditions for junior doctors.

Health

Andrew Wilson (Central Scotland) (SNP): To ask the Scottish Executive what plans it has to provide hospital care facilities in the Cumbernauld & Kilsyth constituency.

Susan Deacon: Acute hospital facilities are available at Monklands Hospital, Airdrie and at Stobhill Hospital and the Glasgow Royal Infirmary. There are no plans to provide further hospital facilities in Cumbernauld and Kilsyth.

Health

Mike Watson (Glasgow Cathcart) (Lab): To ask the Scottish Executive what its plans are for implementing the Scottish provisions of the Health Act 1999.

Susan Deacon: : The Health Act 1999 is receiving the Royal Assent today. The provisions relating to Scotland complete the abolition of the NHS internal market and provide for added protection for patients and improved measures to tackle fraud. The main Scottish provisions are:

  - Abolition of GP fundholding.

  

- Changing the main 
function of NHS Trusts from owning and managing property to providing 
goods and services.



  - Bringing together budgets for hospital services and prescribed drugs to increase flexibility.

  - Removing the "interest bearing debt" element of Trusts’ finance.

  - Changing the name of Trusts’ non-executive directors to "trustees".

  

- Enabling the delegation 
of functions relating to family health services from Health Boards 
to Primary Care Trusts.



  - Introducing a power for Ministers to direct NHS Trusts.

  - Protecting staff who transfer between health bodies as a result of organisational change.

  - Imposing a duty of quality on the NHS in Scotland.

  - Requiring primary care practitioners to hold indemnity cover.

  - Tackling NHS fraud.

  I shall arrange for a copy of the Explanatory Notes to the Act to be placed in the Document Supply Centre.

  I shall bring the Scottish provisions in the Act into force progressively. I intend to commence the provisions relating to the management and organisation of the NHS in Scotland – the first 9 of those listed above – on 1 September, subject to the necessary preparations being made and guidance being in place.

  I believe there is advantage in ensuring that the provisions relating to indemnity and fraud are operated consistently in Scotland and England. I therefore intend to commence those provisions once agreement has been reached on the best time and means to implement them. I expect that to be on or before 1 April 2000.

  I shall continue to keep members informed of progress with implementation of these provisions.

Housing

Robert Brown (Glasgow) (LD): To ask the Scottish Executive within what timescale and under what procedure it intends to consider the City of Glasgow Council’s proposals for stock transfer under the New Housing Partnership initiative.

Ms Wendy Alexander: The Council has undertaken a feasibility study of the potential for whole stock transfer and has now submitted a bid for funding to develop a transfer proposal. This is currently under consideration.

Land Reform

Roseanna Cunningham (Perth) (SNP): To ask the Scottish Executive when it intends to publish the draft bills on land reform and abolition of feudal tenure announced as part of the legislative programme for 1999-2000.

Mr Jim Wallace: I refer the Member to the answers I gave to Mike Watson today.

Land Reform

Mike Watson (Glasgow Cathcart) (Lab): To ask the Scottish Executive when it intends to publish its plans for land reform legislation announced as part of the legislative programme for 1999–2000.

Mr Jim Wallace: I shall be publishing a White Paper setting out our proposals for land reform legislation on community ownership and on access next week.

  The proposed legislation on community ownership will give community bodies the right to buy the land where they live and/or work when it comes to be sold. The owner will have to give notice of the forthcoming sale, and there will be time for the community body to consider whether to go ahead with community purchase. The purchase price will be assessed by a Government-appointed Valuer. Before the purchase goes ahead, the community will be balloted to establish that the purchase has local support. The community body will then have time to come up with the necessary funding. Finally, there will be a new power of compulsory purchase in the public interest which is intended as a deterrent to evasion.

  The proposed legislation on access will introduce a statutory right for the public to enter upon land or water, for recreation and passage, provided that they exercise this right responsibly. There will be some restrictions to respect privacy, and where access would either be dangerous or damaging for the land use. But the intention is that any such constraints will be the minimum necessary. Guidance on responsible behaviour will be set out in a new Scottish Countryside Access Code. New duties will be placed on public agencies to provide new facilities to encourage access; and to remove restrictions that discourage people from exercising the right of access responsibly. At least one local access forum will be created in each local authority area to review implementation in their areas, and deal with any disputes.

  Our proposals have already received an enthusiastic reception. I believe that the details will be equally well received.

Police

Fergus Ewing (Inverness East, Nairn and Lochaber) (SNP): To ask the Scottish Executive whether it intends to make extra financial provision for the costs of police overtime during the Millennium holiday period.

Mr Jim Wallace: Police grant-aided expenditure for 1999-2000 was set at a level which assumed full use of Government funds available for expenditure on police services. However, while forces must plan to meet their expenditure from within the resources available to them, the funding position is kept under review and if additional resources are identified, any police needs would be taken into account in distributing those.

Transport

Mr John Swinney (North Tayside) (SNP): To ask the Scottish Executive what plans it has to authorise the construction of grade separated junctions on the A90 Forfar bypass.

Sarah Boyack: Design preparation of grade separated junctions at Kirriemuir and Glamis is in hand, and material is being prepared for the publication of draft enabling orders later in the year. Once the statutory procedures have been completed consideration can be given to construction of the junctions.

Transport

Euan Robson (Roxburgh and Berwickshire) (LD): To ask the Scottish Executive when it intends to publish the Trunk Road Review for Scotland.

Sarah Boyack: I refer Mr Robson to my answer of 24 June to Mr Murray Tosh (South of Scotland).